Undue charging of fees by banks: experts explain how to act

The popularization of the internet brought back an issue that was already legally consolidated: banks cannot charge fees from individuals for offering services considered essential. According to the Resolution 3.919 of the Central Bank (BC), every banking institution must offer free checking or savings account services for individuals to carry out withdrawals and transfers, for example. According to BC, when there is undue charge, it is possible to get the money back.

For Professor Enki Della Santa Pimenta, who works as a lawyer in the field of consumer law, bank customers should check with the financial institution the contract that was signed during the account opening process. “This contract will probably contain the services that the bank is charging and, if the charge is being improperly made, the consumer will be able to claim a double refund”, he clarified.

“As provided for in the Consumer Protection Code, the institution should be ordered to refund twice as much, although this will depend on the contractual analysis and the services that were used”, noted the expert. Pimenta adds that, after this analysis, “it is possible to price the indemnity, for each one that has been charged for services which should have been provided free of charge”.

Effectiveness

Another professional in the area, accountant Robson Britto, who specializes in judicial and actuarial calculations at the “SOS Cálculos” Office, also highlighted the importance of the client being aware of the contract signed with the financial institution, which should include free services. “In addition to the contract, the bank has to post, on the institution’s website, the tariff table”, he informed.

“So, it is up to reimbursement first of the tariffs that are free, and are improperly charged, and those that are charged that do not have these prerequisites observed by the financial agent”, he highlighted. “And then we have two possibilities to recover these tariffs. First, the complaint to the financial agent itself, the complaint to the Central Bank, which, due to the number of complaints and what is seen in the Judiciary’s own processes, does not have the effectiveness of immediate solution of the cases”, he lamented.

BC resolution

The rules determined by Resolution 3,919 of the Central Bank deal with the collection of various services provided by financial institutions. In addition to those that are characterized as essential and that are prohibited from charging a fee (see below), read below which are the main services addressed in the resolution:

Priority services – those related to deposit accounts, fund transfers, credit and leasing operations;

Special services – those whose specific legislation and regulations define the rates and conditions under which they are applicable, such as services related to rural credit, the Housing Financial System (SFH) and the FGTS, for example;

Differentiated services – those related to subscription allowance; amendment of contracts; administration of investment funds; safe rental; endorsement and surety; assessment, reassessment and replacement of goods received as collateral; exchange; charge and recharge of prepaid card, as defined by current regulations, charged from the holder of the contract; differentiated credit card; digital certificate, among others.

The resolution also defines that the collection of fees for the provision of services by financial institutions must be “provided for in the contract” or have been previously authorized or requested by the customer or user.

prohibited charges

According to Resolution 3919, more than ten services are characterized as essential and banks are prohibited from charging fees for them:

Provision of card with debit function;

Supply of duplicate debit card, except in cases where the request is due to loss, robbery, theft, damage or other reasons that are not the responsibility of the institution;

Up to four withdrawals per month, including by check or single check;

Carrying out up to two transfers of funds per month between accounts at the institution itself;

Supply of up to two statements per month, containing the movement of the last 30 days;

Conducting queries on the internet;

Provision of a consolidated statement, offered annually, in which it indicates the amounts charged in tariffs, interest, late payment charges, fines and other expenses incurred on credit operations and leasing;

Check clearing;

Supply of up to ten check sheets per month, provided the account holder has the necessary requirements for use;

Provision of any service by electronic means, in the case of accounts that can only be used exclusively by these means.

Free savings services

Provision of card with movement function;

Supply of a duplicate of the card, except in cases where the request is due to loss, theft, damage or other reasons that are not the responsibility of the institution;

Up to two withdrawals per month;

Carrying out up to two transfers per month to a deposit account of the same ownership;

Supply of up to two statements per month containing the movement of the last 30 days;

Conducting queries on the internet;

Provision of a consolidated statement, offered annually, in which it indicates the amounts charged in tariffs, interest, late payment charges, fines and other expenses incurred on credit operations and leasing;